Past Anti-LGBT Religious Exemption Legislation Across the Country

There are bills in state legislature across the country and in Congress that could allow religion to be used to discriminate against gay and transgender people in virtually all aspects of their lives. Whether a gay person wants to join a college student group, a transgender person seeks counseling services, or a lesbian couple tries to obtain a marriage license from a government employee or access basic medical care at some point in their lives, these 2016 bills would have opened the door to unequal treatment.

Make it easier for people to demand exemptions to generally applicable laws, by allowing lawsuits challenging any governmental policy, such as nondiscrimination laws, that someone says substantially burden their religious beliefs. The government must prove that enforcing the policy is the least restrictive way of furthering a compelling governmental interest.

These bills allow different kinds of religiously based exemptions regarding marriage. Some of these bills apply to religious organizations, while others apply solely to commercial entities or government officials. While there are often variations in the individual bills, general descriptions are provided below. Some bills explicitly target same sex couples, and others would allow an exemption to act as to any marriage.

Allow anyone - including government employees, contractors, and for profit businesses – to act with impunity based on a religious or moral belief objection to marriage for same-sex couples, or to sexual relationships outside of a heterosexual marriage. This would open the door to unprecedented taxpayer-funded discrimination. For example, government employees, government contractors or grantees – including those providing important social services services like homeless shelters or drug treatment programs -- could discriminate against married same-sex couples and their families, single mothers, or anyone who has a sexual relationship outside of a marriage.

Allow businesses open to the public and individuals associated with such businesses to refuse to provide goods and services relating to marriage. Some of these bills are limited to allowing discrimination only against same-sex couples, while others would authorize discrimination against any kind of marriage to which a business owner might object.

Adoption and foster care agencies could refuse to provide any adoption services that would conflict with the sincerely held religious beliefs of the agency, regardless of the best interests of the children in their care.

Require public colleges and universities to give benefits, including access to funding and the use of facilities, to student organizations even if the organization discriminates based on their religious beliefs.

Legislation allows those with religious objections to undermine professional standards that apply equally to everyone. For instance, a high school guidance counselor could refuse to counsel a gay teenager, citing their sincerely held religious beliefs.